Join Super Speciality Course First, Undergo Bond Service Later: Madras HC relief to 66 Doctors
Madras High Court
Chennai: Granting relief to a group of doctors, the Madras High Court has allowed them to get admitted to super-specialist courses without completing their bond service requirements.
The HC bench comprising Justice V. Lakshminarayanan asked the Directorate of Medical Education (DME) to monitor the admission process of these doctors, further specifying that after completing their super-speciality courses, these doctors will report to DME to get bond service posting orders and complete their bond service term.
These directions were issued by the HC bench recently while considering a batch of petitions and review petitions concerning a group of doctors who urged the Court to issue directions to the authorities to return their original documents, which are necessary to get admitted to super-speciality courses.
While considering these petitions, the HC bench noted that there was no dispute regarding the fact that the doctors concerned in these pleas have undergone their post-graduation in the State of Tamil Nadu and consequently completed the course.
At the time of joining the postgraduate course, each of the petitioners signed a bond with the State of Tamil Nadu stating that on completion of their course, they would serve the State for a period of two years. Being non-service candidates, the State extracts this bond to ensure that the petitioners complete the period of two years before returning the certificates to them.
Also Read: Doctors Willing to Pay Penalty Cannot be Compelled to Undergo Bond Service: HC
However, the Court noted that these doctors wish to pursue their Super Speciality Course as they successfully cleared the National Eligibility--Entrance Test (NEET SS) for the Super Speciality Courses. Apart from one candidate, all the others have already attended their first counselling session of the Super Speciality Course. They have also received the allotment orders, noted the Court.
These doctors submitted that they are unable to join the Super Speciality Courses since the authorities are insisting that they must complete their bond service and thereafter pursue their Super Specialty education. This, the petitioners felt, would adversely affect their educational prospects. Therefore, they approached the HC and filed the plea seeking direction to return their original certificates with an undertaking that they will report to the Directorate of Medical Education, after they have successfully completed their Super Specialty Course. The Court on 16.05.2025 had asked the Government to release the certificates and therefore, they approached the Cout filing the review petitions.
While considering the matter, the Court observed, "What stands between them and the education is the stand of the respondents that unless and until they complete their bond period, the respondents/Review Petitioners will not release the documents. The larger issue whether the educational certificates of the Doctors can be retained, as a lien, need not be gone into in this case. Yet, this Court has to balance the interest of the students and the interest of the State. The State has subsidized the education of the students and has given them quality education and exposure, which the writ petitioners would not have obtained, if not, for their undergoing the courses in the respective Government medical colleges."
After hearing the arguments, the Court issued the following directions:
1. The petitioners shall produce the allotment letters before the Deans of the Medical Colleges, in which they underwent their post graduate medical education.
2. On production of their allotment letters, the respective Deans shall issue a certified copy of their certificates.
3. On the basis of the certified copies that have been issued, and together with their allotment letters, the students will be entitled to join the educational institutions, which has been allotted to them in the NEET Super Specialty counseling.
4. On being intimated by the writ petitioners, as to which Universities/Deemed to be Universities/DNB, under NBEMS in which the students have been admitted to, the Directorate of Medical Education will forward the certificates of the students to the respective Universities/Deemed to be Universities/NBEMS for registration.
5. Once the process of registration is completed, Universities/Deemed to be Universities/NBEMS to which the certificates have been sent, will return the same to the Directorate of Medical Education, Chennai.
6. The Directorate of Medical Education shall ensure that the certificates are retained safely.
7. On completion of their super speciality course, the students will report to the Directorate of Medical Education for obtaining posting orders in order to complete their bond. It shall be in writing and the same shall be acknowledged.
8. The Directorate of Medical Education shall issue posting orders to the students within a period of four months from the date of such reporting.
9. The Directorate of Medical Education shall issue posting orders to the students commensurate with their educational qualification.
10.The posting orders shall be on contract basis. The contract shall be valid for the period on the bond, or for the remaining period on the bond, in case the candidates have already served certain period under the bond.
11. On completion of the bond service, the Directorate of Medical Education will release the original certificates to the students.
12.On successful completion of the bond period, the Director of Medical Education or the Dean of the Hospital where the candidates have worked, shall give an experience certificate. The certificate shall mention the area and scope of work and the performance of the candidates.
13. In case, the Directorate of Medical Education does not issue posting orders within a period of four months from the date of reporting, the bond will be deemed to have been discharged and the Directorate of Medical Education shall issue the educational qualification certificates forthwith.
To view the order, click on the link below:
https://medicaldialogues.in/pdf_upload/madras-hc-bond-service-doctors-288481.pdf
